CHHINDA SINGH @ SUKHWINDER SINGH, Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS common judgment shall dispose of all the above - mentioned three appeals directed against the judgment of conviction and order of sentence dated 6.12.1996 passed by Additional Sessions Judge, Amritsar vide which the Appellants have been convicted and sentenced as under:

(2.) THE case of the prosecution as unveiled from the statement of complainant -Jaswant Singh, resident of village Mehmoodpur, is that he is an agriculturist and residing at 3 -4 killas away from the village in the fields. Adjacent to his land, land of one Santa Singh son of Makhan Singh resident of village Mehmoodpura is situated, who is also living in the fields. On 3.10.1993, complainant along with his family had been irrigating their fields through the tubewell and some water leaked into the fields of Santa Singh. Santa Singh got enraged. In the evening at about 7.30 P.M., Santa Singh, armed with spear, along with Chhinda Singh son of Kartar Singh armed with spear, Partap Singh son of Samund Singh armed with spear, Bhag Singh son of Samund Singh Armed with Sua, Jugraj Singh son of Samund Singh armed with Kirpan, while abusing, came towards the residence. Complainant's father Dal Singh requested them not to abuse, but they did not desist. Complainant, his brother Balbir Singh and their mother Surjit Kaur also came out of their residence. Santa Singh gave two blows with his spear to Dal Singh, father of the complainant, which hit him on his chest and other blows on the right side of his abdomen. Partap Singh and Chhinda Singh, accused also gave blows with their respective spears on the person of Dal Singh which hit him on the right and left arms respectively. Dal Singh fell down on the ground. Complainant raised an alarm and intervened to save him. At this, accused -Jugraj Singh gave kirpan blows to complainant which hit him on the left arm and left thumb. Bhag Singh, accused gave Sua blows on the person of the complainant which hit him on his left thigh and back. Accused Partap Singh gave a spear blow on the chest of Balbir Singh and also on his left arm and chin. Accused Santa Singh gave spear blow to Surjit Kaur (mother of the complainant) on her chest and right side of hip. Jugraj Singh, accused gave kirpan blows on her back and right hand ring finger. One Darbara Singh, son of Hansa Singh, Maasar of the complainant had also seen occurrence in the light of an electric bulb in the Courtyard of the complainant and intervened to save the victims from the accused persons. After inflicting injuries, accused ran away with their weapons. Injured were admitted in Civil Hospital, Patti where Dal Singh, father of complainant succumbed to his injuries and the remaining injured were medically examined.

(3.) PWI -Baljinder Singh tendered his affidavit, Ex. PA. PW2 -Jaswant Singh, complainant, PW3 -Balbir Singh, brother of Jaswant Singh and PW5 -Surjit Kaur, the injured eye -witnesses, supported the prosecution version on all the material aspects of the case.